Samuels v Readers' Digest Association Pty Ltd [1969] HCA 6

High Court of Australia Barwick C.J. McTiernan, Kitto, Taylor and Menzies JJ. Samuels v Readers' Digest Association Pty Ltd [1969] HCA 6

ORDER Order that the cause be remitted to the Adelaide Magistrates' Court to be further heard. Costs of the proceedings in the High Court to be paid by the defendant.

Cur. adv. vult.

The following written judgments were delivered:—

1969, Mar. 5 Barwick C.J.

The defendant, The Readers' Digest Association Pty. Limited, of Sydney was charged before a special magistrate in the Adelaide Magistrate's Court, upon the complaint of Lionel Edgar Samuels, Sergeant of Police, made with the consent of the Attorney-General for the State of South Australia, that:

1. About 26th August 1966, at Glenunga in the State of South Australia, in connexion with the sale or advertising of certain goods, namely a set of ten gramophone records, issued or delivered to Mr. and Mrs. R. Davis with an advertisement of such goods a trading stamp: contrary to the provisions of s. 5 (1) (a) of the Trading Stamp Act, 1924-1935.

2. About 26th August 1966, at Glenunga in the said State, in connexion with the sale or advertising of certain goods, namely a set of ten gramophone records, issued or delivered with or about or concerning, relating to, or in connexion with such goods a writing promising, offering or representing, or purporting to promise, offer or represent, that the purchaser or any other person would be entitled to or would receive a gift, reward, valuable consideration, benefit or advantage dependent on the purchase of such goods: contrary to the provisions of s. 5 (1) (b) of the Trading Stamp Act, 1924-1935.

3. About 26th August 1966, at Glenunga in the said State, in writing promised, offered, represented or advertised, or purported to promise, offer, represented or advertise, that it would give or deliver goods, or give a reward, benefit, valuable consideration or advantage, in exchange for, or in redemption of, a stamp, coupon, ticket, document, means or device which had been, or was, issued or delivered with, about, concerning, relating to or in connexion with certain goods, namely a set of ten gramophone records, which were being, or were intended to be, sold or distributed in South Australia by the defendant: contrary to the provisions of s. 5a (1) of the Trading Stamp Act, 1924-1935.